The third defendant in O.S.No.424 of 1981 on the file of the Court of the Additional District Munsif, Padmanabhapuram, is the appellant in this Court.

2. The suit was filed for declaration and injunction.

3. The case of the plaintiff is that Survey No.5842 of Aloor Village consisted of two letters, namely, ‘A’ letter having an extent of 60 cents and ‘B’ letter having 95 cents. The total extent of one acre 55 cents lies together as a single property. It is a joint family property and plaintiff is in possession of ‘A’ letter. ‘B’ letter is a trust property. The plaintiff is performing ceremonies attached to the trust. The plaintiff was in Indian Army. He leased out the suit property to one Ayyappan Nair, a friend of the first defendant. He constructed a tea shop and he is running the business. Second and third defendants have no right or possession over the suit property. Since they attempted to trespass into the suit property, the suit was filed.

4. Defendants 1 to 3 have filed a common written statement. ‘B’ letter was ajoint family property. Plaintiff cannot claim exclusive possession or right over ‘B’ letter. The defendants are having independent title and they are i